The AAP government Friday moved the Delhi High Court to withdraw a plea filed during the previous Congress regime against a trial court's order for lodging of FIR against Sheila Dikshit for alleged misuse of government funds in an advertisement campaign ahead of the 2008 assembly polls.
"The cabinet has taken a decision that it has no more locus to defend Sheila Dikshit. The LG has also approved the cabinet decision," the application said, seeking withdrawal of the plea.
The cabinet has taken a decision that in corruption cases, the government will not defend anyone. Justice Sunil Gaur may hear the case Tuesday.
Since Dikshit is not holding any government post, no sanction would be required to prosecute her.
Last year, the Dikshit-led Delhi government had moved the high court, seeking quashing of trial court's order for ordering FIR against her. The high court then stayed the registration of FIR against Dikshit.
The special court, Aug 31, directed the Delhi Police to register FIR against Dikshit on the complaint of Bharatiya Janata Party (BJP) leader Vijender Gupta and a similar plea of Right to Information activist Vivek Garg, alleging that Dikshit had misused government funds to the tune of Rs 22.56 crore in an advertisement campaign prior to the 2008 assembly polls.
They sought registration of FIR against Dikshit and others for alleged criminal breach of trust (section 409 of the Indian Penal Code), criminal misappropriation of public funds and criminal misconduct under provisions of the Prevention of Corruption Act.
It was said that in 2007-08, Dikshit was the chief minister of Delhi and also minister in-charge of information and publicity when the alleged fund misuse took place.
Gupta, in his complaint, said it was an election year and a number of government advertisements were published in the form of publications of advertisement in newspapers.
The BJP leader said he filed a complaint before Delhi Lokayukta Justice Manmohan Sarin, who indicted Dikshit for allegedly misusing government funds for carrying out an advertisement campaign with a "political purpose" ahead of the last assembly polls.
He said the Lokayukta recommended to President Pranab Mukherjee to caution Dikshit for the alleged misuse of public funds and to "advise" her to reimburse either herself or through her party a sum of Rs.11 crore as half the cost of the advertisements in 2008 or any amount the president found adequate.
